SUBTITLE X—MISCELLANEOUS
CHAPTER 801 —BILLS OF LADING
Editorial Notes
Amendments
1994—
§80101. Definitions
In this chapter—
(1) "consignee" means the person named in a bill of lading as the person to whom the goods are to be delivered.
(2) "consignor" means the person named in a bill of lading as the person from whom the goods have been received for shipment.
(3) "goods" means merchandise or personal property that has been, is being, or will be transported.
(4) "holder" means a person having possession of, and a property right in, a bill of lading.
(5) "order" means an order by indorsement on a bill of lading.
(6) "purchase" includes taking by mortgage or pledge.
(7) "State" means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80101 | 49 App.:122. | Aug. 29, 1916, ch. 415, §42, |
In this chapter, the words "negotiable bill of lading" are substituted for "order bill", and the words "nonnegotiable bill of lading" are substituted for "straight bill", for clarity and consistency in the revised title and with other titles of the United States Code.
In this section, before clause (1), the words "unless the context of subject matter otherwise requires" are omitted as unnecessary because of the restatement. The words " 'Action' includes counterclaim, set-off, and suit in equity" are omitted as unnecessary. The words " 'Bill' means bill of lading, governed by this chapter" are omitted because of section 80102 of the revised title. In clauses (1), (2), and (4), the words " 'Person' includes a corporation or partnership, or two or more persons having a joint or common interest" are omitted because of 1:1. In clause (3), the words "personal property" are substituted for "chattels" for clarity and consistency. The words "is being" are substituted for "in course of" for clarity. In clause (7), the words " 'State' means a State of the United States" are substituted for " 'State' includes" for clarity and consistency in the revised title and with other titles of the Code. The word "possession" is substituted for "insular possession, or isthmian possession" for consistency in the revised title.
§80102. Application
This chapter applies to a bill of lading when the bill is issued by a common carrier for the transportation of goods—
(1) between a place in the District of Columbia and another place in the District of Columbia;
(2) between a place in a territory or possession of the United States and another place in the same territory or possession;
(3) between a place in a State and a place in another State;
(4) between a place in a State and a place in the same State through another State or a foreign country; or
(5) from a place in a State to a place in a foreign country.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80102 | 49 App.:81. | Aug. 29, 1916, ch. 415, §1, |
In this chapter, the words "common carrier" are substituted for "carrier" because the source provisions restated in this section provide that this chapter applies to bills of lading issued by common carriers.
In clause (2), the words "territory or possession" are substituted for "Territory" for consistency in the revised title and with other titles of the United States Code.
§80103. Negotiable and nonnegotiable bills
(a)
(A) states that the goods are to be delivered to the order of a consignee; and
(B) does not contain on its face an agreement with the shipper that the bill is not negotiable.
(2) Inserting in a negotiable bill of lading the name of a person to be notified of the arrival of the goods—
(A) does not limit its negotiability; and
(B) is not notice to the purchaser of the goods of a right the named person has to the goods.
(b)
(A) make the bill negotiable; or
(B) give the transferee any additional right.
(2) A common carrier issuing a nonnegotiable bill of lading must put "nonnegotiable" or "not negotiable" on the bill. This paragraph does not apply to an informal memorandum or acknowledgment.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80103(a)(1) | 49 App.:83. | Aug. 29, 1916, ch. 415, §§2, 3, 6, 7, 29 (last sentence), |
| 80103(a)(2) | 49 App.:87. | |
| 80103(b)(1) | 49 App.:82. | |
| 49 App.:109 (last sentence). | ||
| 80103(b)(2) | 49 App.:86. |
In subsection (a)(1), the words "A bill of lading is negotiable if . . . states that the goods are to be delivered to the order of a consignee" are substituted for "A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill is an order bill" for clarity and consistency in the revised title and with other titles of the United States Code. The words "does not contain on its face an agreement with the shipper that the bill is not negotiable" are substituted for 49 App.:83 (last sentence) for clarity and to eliminate unnecessary words.
In subsection (a)(2)(B), the words "right the named person has" are substituted for "rights or equities of such person" for clarity.
In subsection (b)(1), before clause (A), the words "A bill of lading is nonnegotiable if" are substituted for "A bill in which . . . is a straight bill" in 49 App.:82 for consistency in the revised title and with other titles of the Code. The words "free from existing equities" in 49 App.:109 (last sentence) are omitted as surplus.
§80104. Form and requirements for negotiation
(a)
(2) A negotiable bill of lading may be negotiated by delivery when the common carrier, under the terms of the bill, undertakes to deliver the goods to the order of a specified person and that person or a subsequent indorsee has indorsed the bill in blank.
(3) A negotiable bill of lading may be negotiated by a person possessing the bill, regardless of the way in which the person got possession, if—
(A) a common carrier, under the terms of the bill, undertakes to deliver the goods to that person; or
(B) when the bill is negotiated, it is in a form that allows it to be negotiated by delivery.
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80104(a)(1) | 49 App.:108. | Aug. 29, 1916, ch. 415, §§27, 28, 30, 37, 38, |
| 80104(a)(2) | 49 App.:107. | |
| 80104(a)(3) | 49 App.:110. | |
| 80104(b) | 49 App.:117. | |
| 80104(c) | 49 App.:118. |
In subsection (a)(1), the words "If the goods are deliverable to the order of a specified person" are substituted for "the person to whose order the goods are deliverable by the tenor of the bill" for clarity. The text of 49 App.:108 (last sentence) is omitted as unnecessary because of the restatement.
§80105. Title and rights affected by negotiation
(a)
(1) the person to whom it is negotiated acquires the title to the goods that—
(A) the person negotiating the bill had the ability to convey to a purchaser in good faith for value; and
(B) the consignor and consignee had the ability to convey to such a purchaser; and
(2) the common carrier issuing the bill becomes obligated directly to the person to whom the bill is negotiated to hold possession of the goods under the terms of the bill the same as if the carrier had issued the bill to that person.
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80105(a) | 49 App.:111. | Aug. 29, 1916, ch. 415, §§31, 39, 40, |
| 80105(b) | 49 App.:119. | |
| 80105(c) | 49 App.:120. |
In subsection (a)(1), before subclause (A), the word "duly" is omitted as surplus.
In subsection (b), the words "right . . . is superior" are substituted for "no . . . shall defeat the rights of" for clarity. The words "right to stop the transportation" are substituted for "right of stoppage in transitu" for clarity.
In subsection (c), the word "remedies" is omitted as being included in "right". The words "whose mortgage or lien on goods would be valid, apart from this chapter" are omitted as unnecessary because of the restatement. The words "which are subject to the mortgage or lien" are omitted as unnecessary.
§80106. Transfer without negotiation
(a)
(b)
(c)
(A) garnishment, attachment, or execution on the goods by a creditor of the transferor; or
(B) notice to the carrier by the transferor or a purchaser from the transferor of a later purchase of the goods from the transferor.
(2) A common carrier has been notified under this subsection only if—
(A) an officer or agent of the carrier, whose actual or apparent authority includes acting on the notification, has been notified; and
(B) the officer or agent has had time, exercising reasonable diligence, to communicate with the agent having possession or control of the goods.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80106(a) | 49 App.:109 (1st sentence). | Aug. 29, 1916, ch. 415, §§29 (1st sentence), 32, 33, |
| 49 App.:112 (1st sentence). | ||
| 80106(b) | 49 App.:113. | |
| 80106(c) | 49 App.:112 (2d–last sentences). |
In subsection (a), the words "without negotiating it" are added for clarity.
In subsection (b), the text of 49 App.:113 (last sentence) is omitted as unnecessary because of the words "the transferee may compel the transferor".
In subsection (c)(1), before clause (A), the words "also acquires the right to notify" and "by the transferor or transferee of a straight bill" are omitted as unnecessary because of the restatement.
§80107. Warranties and liability
(a)
(1) the bill is genuine;
(2) the person has the right to transfer the bill and the title to the goods described in the bill;
(3) the person does not know of a fact that would affect the validity or worth of the bill; and
(4) the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.
(b)
(1) the genuineness of the bill; or
(2) the quantity or quality of the goods described in the bill.
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80107(a) | 49 App.:114. | Aug. 29, 1916, ch. 415, §§15, 34–36, |
| 80107(b) | 49 App.:116. | |
| 80107(c) | 49 App.:95. | |
| 80107(d) | 49 App.:115. |
In subsection (a), before clause (1), the words "by indorsement or delivery" are omitted as surplus. In clause (4), the words "merchantability or fitness" are substituted for "such warranties", and the words "the goods without a bill of lading" are substituted for "without a bill the goods represented thereby", for clarity.
In subsection (b), before clause (1), the words "person holding" are substituted for "mortgagee or pledgee or other holder" because they are inclusive. The words "from another person" are substituted for "whether from a party to a draft drawn for such debt or from any other person" to eliminate unnecessary words. The words "does not warrant by the demand or receipt" are substituted for "shall not be deemed by so doing to represent or warrant" for clarity.
In subsection (c), the words "A common carrier issuing . . . is liable" are substituted for "plainly shall impose upon the carrier issuing the same the liability" for clarity and to eliminate unnecessary words. The words "The carrier is not otherwise liable under the bill" are substituted for "but no other liability" for clarity.
In subsection (d), the word "respective" is omitted as unnecessary.
§80108. Alterations and additions
An alteration or addition to a bill of lading after its issuance by a common carrier, without authorization from the carrier in writing or noted on the bill, is void. However, the original terms of the bill are enforceable.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80108 | 49 App.:93. | Aug. 29, 1916, ch. 415, §13, |
The word "erasure" is omitted as being included in "alteration". The words "whatever be the nature and purpose of the change" are omitted as surplus. The word "terms" is substituted for "tenor" for clarity.
§80109. Liens under negotiable bills
A common carrier issuing a negotiable bill of lading has a lien on the goods covered by the bill for—
(1) charges for storage, transportation, and delivery (including demurrage and terminal charges), and expenses necessary to preserve the goods or incidental to transporting the goods after the date of the bill; and
(2) other charges for which the bill expressly specifies a lien is claimed to the extent the charges are allowed by law and the agreement between the consignor and carrier.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80109 | 49 App.:105. | Aug. 29, 1916, ch. 415, §25, |
In this section, before clause (1), the word "If" is omitted as surplus. The words "covered by the bill" are substituted for "therein mentioned" for clarity. In clause (1), the words "charges for storage, transportation, and delivery (including demurrage and terminal charges)" are substituted for "all charges on those goods for freight, storage, demurrage and terminal charges . . . and all other charges incurred in transportation and delivery" as being inclusive and to conform to section 7–307 of the Uniform Commercial Code. In clause (2), the words "other charges for which the bill expressly specifies a lien" are substituted for "unless the bill expressly enumerates other charges for which a lien . . . In such case there shall also be a lien for the charges enumerated" for clarity.
§80110. Duty to deliver goods
(a)
(1) offers in good faith to satisfy the lien of the carrier on the goods;
(2) has possession of the bill and, if a negotiable bill, offers to indorse and give the bill to the carrier; and
(3) agrees to sign, on delivery of the goods, a receipt for delivery if requested by the carrier.
(b)
(1) a person entitled to their possession;
(2) the consignee named in a nonnegotiable bill; or
(3) a person in possession of a negotiable bill if—
(A) the goods are deliverable to the order of that person; or
(B) the bill has been indorsed to that person or in blank by the consignee or another indorsee.
(c)
(1) a transfer made by the consignor or consignee after the shipment; or
(2) the carrier's lien.
(d)
(e)
(1) bring a civil action to interplead all known claimants to the goods; or
(2) require those claimants to interplead as a defense in an action brought against the carrier for nondelivery.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80110(a) | 49 App.:88. | Aug. 29, 1916, ch. 415, §§8, 9, 16–19, |
| 80110(b) | 49 App.:89. | |
| 80110(c) | 49 App.:96. | |
| 80110(d) | 49 App.:98. | |
| 80110(e) | 49 App.:97. | |
| 80110(f) | 49 App.:99. |
In subsection (a), before clause (1), the words "Except to the extent a common carrier establishes an excuse provided by law" are substituted for "in the absence of some lawful excuse" and "In case the carrier refuses or fails to deliver the goods, in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure" for clarity and to eliminate unnecessary words. The word "must" is substituted for "is bound to" for clarity. The words "if such a demand is accompanied by" are omitted as unnecessary because of the restatement. In clause (1), the word "lawful" is omitted as unnecessary because of the restatement. In clause (2), the word "properly" is omitted as surplus. In clause (3), the word "agrees" is substituted for "A readiness and willingness" for clarity. The word "receipt" is substituted for "acknowledgment" for consistency. The words "if such signature" are omitted as unnecessary.
In subsection (b), before clause (1), the word "may" is substituted for "is justified . . . in" because it is more accurate. In clause (1), the word "entitled" is substituted for "lawfully entitled" to eliminate an unnecessary word. In clause (3), before subclause (A), the word "if" is substituted for "by the terms of which" for clarity. In subclause (B), the words "another indorsee" are substituted for "by the mediate or immediate indorsee of the consignee" as being inclusive.
In subsection (c), before clause (1), the words "for his own benefit" are omitted as surplus. The words "nondelivery of" are substituted for "refusing to deliver" because they are more accurate. The words "according to the terms of a bill issued for them" are omitted as unnecessary. In clause (1), the words "directly or indirectly" are omitted as unnecessary.
In subsection (d), the word "person" is substituted for "someone" for consistency in this chapter. The words "claims title" are substituted for "has a claim to the title" for consistency. The words "is not required to" are substituted for "shall be excused from liability for refusing to" for clarity. The words "any claimant" are substituted for "either to the consignee or person in possession of the bill or to the adverse claimant" to eliminate unnecessary words. The words "civil action" are substituted for "legal proceedings" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (e), before clause (1), the words "at least 2" are substituted for "more than one" for consistency in the revised title and with other titles of the United States Code. In clause (1), the words "civil action" are substituted for "an original suit" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "whichever is appropriate" are omitted as unnecessary.
§80111. Liability for delivery of goods
(a)
(1) the carrier delivers the goods to a person not entitled to their possession unless the delivery is authorized under section 80110(b)(2) or (3) of this title;
(2) the carrier makes a delivery under section 80110(b)(2) or (3) of this title after being requested by or for a person having title to, or right to possession of, the goods not to make the delivery; or
(3) at the time of delivery under section 80110(b)(2) or (3) of this title, the carrier has information it is delivering the goods to a person not entitled to their possession.
(b)
(1) an officer or agent of the carrier, whose actual or apparent authority includes acting on the request or information, has been given the request or information; and
(2) the officer or agent has had time, exercising reasonable diligence, to stop delivery of the goods.
(c)
(d)
(1) a delivery described in subsection (c) of this section was compelled by legal process;
(2) the goods have been sold lawfully to satisfy the carrier's lien;
(3) the goods have not been claimed; or
(4) the goods are perishable or hazardous.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80111(a) | 49 App.:90 (less last par.). | Aug. 29, 1916, ch. 415, §§10–12, 26, |
| 80111(b) | 49 App.:90 (last par.). | |
| 80111(c) | 49 App.:91 (words after 2d comma). | |
| 49 App.:92 (words after 2d comma). | ||
| 80111(d) | 49 App.:91 (words before 2d comma). | |
| 49 App.:92 (words before 2d comma). | ||
| 49 App.:106. |
In subsection (a), before clause (1), the word "title" is substituted for "right of property" for consistency in this chapter.
In subsection (c), the words "negotiable bill of lading" are substituted for "order bill . . . the negotiation of which would transfer the right to the possession of the goods" in 49 App.:91 for consistency in this chapter.
§80112. Liability under negotiable bills issued in parts, sets, or duplicates
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80112(a) | 49 App.:84. | Aug. 29, 1916, ch. 415, §§4, 5, |
| 80112(b) | 49 App.:85. |
In this section, the words "48 contiguous States or the District of Columbia" are substituted for "United States on the Continent of North America, except Alaska and Panama" and the text of 49 App.:84 (proviso) and 85 (proviso) for clarity.
In subsection (a), the words "If so issued" and "described therein" are omitted as surplus. The word "occurred" is added for clarity.
§80113. Liability for nonreceipt, misdescription, and improper loading
(a)
(b)
(1) when the goods are loaded by the shipper;
(2) when the bill—
(A) describes the goods in terms of marks or labels, or in a statement about kind, quantity, or condition; or
(B) is qualified by "contents or condition of contents of packages unknown", "said to contain", "shipper's weight, load, and count", or words of the same meaning; and
(3) to the extent the carrier does not know whether any part of the goods were received or conform to the description.
(c)
(1) the shipper loads the goods; and
(2) the bill contains the words "shipper's weight, load, and count", or words of the same meaning indicating the shipper loaded the goods.
(d)
(2) When goods are loaded by a common carrier, the carrier must count the packages of goods, if package freight, and determine the kind and quantity, if bulk freight. In that situation, inserting in the bill of lading or in a notice, receipt, contract, rule, or tariff, the words "shipper's weight, load, and count" or words indicating that the shipper described and loaded the goods, has no effect except for freight concealed by packages.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80113(a) | 49 App.:102. | Aug. 29, 1916, ch. 415, §22, |
| 80113(b) | 49 App.:101 (1st sentence). | Aug. 29, 1916, ch. 415, §§20, 21, |
| 80113(c) | 49 App.:101 (last sentence words before proviso). | |
| 80113(d)(1) | 49 App.:101 (last sentence proviso). | |
| 80113(d)(2) | 49 App.:100. |
In subsection (a), the words "a common carrier issuing a bill of lading" are substituted for "If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the receiving of goods and issuing bills of lading therefor for transportation in commerce among the several States and with foreign nations" to eliminate unnecessary words and for consistency with section 80102 of the revised title. The words "at the time of its issue" are omitted as surplus.
In subsection (b), before clause (1), the words "A common carrier issuing a bill of lading is not liable under subsection (a) of this section" are substituted for "such statements, if true, shall not make liable the carrier issuing the bill of lading" for clarity. In clause (1), the word "goods" is substituted for "package freight or bulk freight" for consistency in this chapter. In clause (2)(B), the quoted words are placed in quotation marks for consistency and to conform to section 7–301 of the Uniform Commercial Code. The words " 'shipper's weight, load, and count' " are added for consistency in this section.
In subsection (d)(1), the words "makes available to the common carrier adequate facilities for weighing the freight" are substituted for "installs and maintains adequate facilities for weighing such freight, and the same are available to the carrier . . . when given a reasonable opportunity so to do" to eliminate unnecessary words. The words "In that situation, inserting the words 'shipper's weight' or other words of the same meaning in the bill of lading has no effect" are substituted for "and the carriers shall not in such cases insert in the bill of lading the words 'Shipper's weight', or other words of like purport, and if so inserted contrary to the provisions of this section, said words shall be treated as null and void and as if not inserted therein" for clarity and to eliminate unnecessary words.
In subsection (d)(2), the words "and such carrier shall not, in such cases" are omitted as surplus. The words "In that situation . . . has no effect" are substituted for 49 App.:100 (last sentence) for clarity and to eliminate unnecessary words. The words "except for freight concealed by packages" are substituted for "or in case of bulk freight and freight not concealed by packages the description made by him" for clarity and to eliminate unnecessary words.
§80114. Lost, stolen, and destroyed negotiable bills
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80114(a) | 49 App.:94 (1st par.). | Aug. 29, 1916, ch. 415, §14, |
| 80114(b) | 49 App.:94 (last par.). |
In subsection (a), the word "If" is substituted for "Where" for clarity. The words "upon satisfactory proof of such loss, theft, or destruction" are omitted as unnecessary. The words "if the person claiming the goods gives a surety bond" are substituted for "and upon the giving of a bond, with sufficient surety" to clarify the condition precedent to court approval of delivery. The words "in an amount" are added for clarity. The word "indemnify" is substituted for "protect" because it is more accurate. The words "against liability under the outstanding original bill" are substituted for "from any liability or loss incurred by reason of the original bill remaining outstanding" for clarity. The words "surety bond" are substituted for "indemnifying bond" for consistency in this section.
§80115. Limitation on use of judicial process to obtain possession of goods from common carriers
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80115(a) | 49 App.:103 (1st sentence). | Aug. 29, 1916, ch. 415, §23, |
| 80115(b) | 49 App.:103 (last sentence). |
In subsection (a), the words "Except when a negotiable bill of lading was issued originally on delivery of goods by a person that did not have the power to dispose of the goods, goods . . . may be attached . . . only if" are substituted for "If goods are delivered to a carrier by the owner or by a person whose act in conveying the title to them to a purchaser for value in good faith would bind the owner . . . they can not thereafter . . . be attached . . . unless" to restate the source provision as an exception to conform to section 7–602 of the Uniform Commercial Code. The words "through judicial process" are substituted for "by garnishment or otherwise", and the words "levied on in execution of a judgment" are substituted for "levied upon under an execution", for clarity.
§80116. Criminal penalty
A person shall be fined under title 18, imprisoned for not more than 5 years, or both, if the person—
(1) violates this chapter with intent to defraud; or
(2) knowingly or with intent to defraud—
(A) falsely makes, alters, or copies a bill of lading subject to this chapter;
(B) utters, publishes, or issues a falsely made, altered, or copied bill subject to this chapter; or
(C) negotiates or transfers for value a bill containing a false statement.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80116 | 49 App.:121. | Aug. 29, 1916, ch. 415, §41, |
In this section, before clause (1), the words "fined under title 18" are substituted for "a fine not exceeding $5,000", and the words "shall be guilty of a misdemeanor" are omitted, for consistency with title 18. The words "upon conviction . . . punished for each offense" are omitted as unnecessary because of the restatement. Clause (1) is substituted for "or who, with intent to defraud, violates, or fails to comply with, or aids in any violation of, or failure to comply with any provision of this chapter" for clarity and because of 18:2. In clause (2)(A), the words "forges, counterfeits" are omitted as being included in "makes". The word "copies" is substituted for "prints or photographs" for clarity. The words "bill of lading subject to this chapter" are substituted for "bill of lading purporting to represent goods received for shipment among the several States or with foreign nations" for clarity and for consistency with section 80102 of the revised title. Clause (2)(B) is substituted for "utters or publishes as true and genuine any such falsely altered, forged, counterfeited, falsely printed or photographed bill of lading . . . or issues" to eliminate unnecessary words and for consistency in this section. The words "knowing it to be falsely altered, forged, counterfeited, falsely printed or photographed" are omitted as unnecessary because of the restatement of the intent required to commit the crime. The words "or aids in making, altering, forging, counterfeiting, printing or photographing, or uttering or publishing the same . . . or aids in issuing or procuring the issue of" are omitted as surplus because of 18:2. The words "as to the receipt of the goods, or as to any other matter" are omitted as unnecessary.
CHAPTER 803 —CONTRABAND
§80301. Definitions
In this chapter—
(1) "aircraft" means a contrivance used, or capable of being used, for transportation in the air.
(2) "vehicle" means a contrivance used, or capable of being used, for transportation on, below, or above land, but does not include aircraft.
(3) "vessel" means a contrivance used, or capable of being used, for transportation in water, but does not include aircraft.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80301(1) | 49 App.:787(c). | Aug. 9, 1939, ch. 618, §7(a)–(c), |
| 80301(2) | 49 App.:787(b). | |
| 80301(3) | 49 App.:787(a). |
In this section, the word "means" is substituted for "includes" as being more precise.
In clause (1), the word "contrivance" is substituted for "every description of craft or carriage or other contrivance" to eliminate unnecessary words.
In clause (2), the word "contrivance" is substituted for "every description of carriage or other contrivance" to eliminate unnecessary words.
In clause (3), the word "contrivance" is substituted for "every description of watercraft or other contrivance" to eliminate unnecessary words.
§80302. Prohibitions
(a)
(1) a narcotic drug (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (
(A) is possessed with intent to sell or offer for sale in violation of the laws and regulations of the United States;
(B) is acquired, possessed, sold, transferred, or offered for sale in violation of those laws;
(C) is acquired by theft, robbery, or burglary and transported—
(i) in the District of Columbia or a territory or possession of the United States; or
(ii) from a place in a State, the District of Columbia, or a territory or possession of the United States, to a place in another State, the District of Columbia, or a territory or possession; or
(D) does not bear tax-paid internal revenue stamps required by those laws or regulations;
(2) a firearm involved in a violation of
(3) a forged, altered, or counterfeit—
(A) coin or an obligation or other security of the United States Government (as defined in
(B) coin, obligation, or other security of the government of a foreign country;
(4) material or equipment used, or intended to be used, in making a coin, obligation, or other security referred to in clause (3) of this subsection;
(5) a cigarette involved in a violation of
(6)(A) a counterfeit label for a phonorecord, copy of a computer program or computer program documentation or packaging, or copy of a motion picture or other audiovisual work (as defined in
(B) a phonorecord or copy in violation of
(C) a fixation of a sound recording or music video of a live musical performance in violation of
(D) any good bearing a counterfeit mark (as defined in
(b)
(1) transport contraband in an aircraft, vehicle, or vessel;
(2) conceal or possess contraband on an aircraft, vehicle, or vessel; or
(3) use an aircraft, vehicle, or vessel to facilitate the transportation, concealment, receipt, possession, purchase, sale, exchange, or giving away of contraband.
(
In subsection (a)(1)(A) and (B), the words "dealing therewith" are omitted as surplus.
In subsection (a)(1)(A), the words "has been or" are omitted as surplus.
In subsection (a)(1)(C), before subclause (i), the word "transported" is substituted for "carried or transported" to eliminate unnecessary words. In subclause (ii), the words "the Canal Zone" are omitted because of the Panama Canal Treaty of 1977. The words "a place in" are added for consistency in the revised title.
In subsection (a)(2), the words "involved in a violation" are substituted for "with respect to which there has been committed any violation" to eliminate unnecessary words. The text of 49 App.:787(e) is omitted as unnecessary because of the restatement. The National Firearms Act referred to in the source provisions has been repealed and replaced by
In subsection (a)(3), before subclause (A), the words "falsely made" are omitted as being included in "counterfeit". In subclause (B), the words "coin, obligation, or other security" are added for clarity.
In subsection (a)(4), the words "equipment used" are substituted for "apparatus, or paraphernalia fitted . . . which shall have been used" to eliminate unnecessary words. The words "coin, obligation, or other security referred to in clause (3) of this subsection" are substituted for "such falsely made, forged, altered, or counterfeit coin or obligation or other security" because of the restatement.
In subsection (a)(5), the text of 49 App.:787(g) is omitted as unnecessary because the term "cigarettes" does not appear in 49 App.: ch. 11 and because the definition of "contraband cigarettes" referred to is part of 18:ch. 114.
In subsection (b), before clause (1), the words "A person may not" are substituted for "It shall be unlawful" for consistency in the revised title. In clause (1), the word "transport" is substituted for "transport, carry, or convey" because it is inclusive. In clause (2), the words "or upon the person of anyone in or upon any vessel, vehicle, or aircraft" are omitted as unnecessary. In clause (3), the word "transportation" is substituted for "transportation, carriage, conveyance" for consistency in this section. The word "barter" is omitted as being included in "exchange".
Editorial Notes
Amendments
1996—Subsec. (a)(6).
§80303. Seizure and forfeiture
The Secretary of the Treasury or the Governor of Guam or of the Northern Mariana Islands as provided in
(1) the owner, conductor, driver, pilot, or other individual in charge of the aircraft or vehicle (except a rail car or engine) consents to, or knows of, the alleged violation when the violation occurs;
(2) the owner of the rail car or engine consents to, or knows of, the alleged violation when the violation occurs; or
(3) the master or owner of the vessel consents to, or knows of, the alleged violation when the violation occurs.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80303 | 49 App.:782. | Aug. 9, 1939, ch. 618, §2, |
| 49 App.:783 (last sentence). | Aug. 9, 1939, ch. 318, §3 (last sentence), |
In this section, before clause (1), the words "The Secretary of the Treasury . . . shall seize" are substituted for "shall be seized" in 49 App.:782 and "It shall be the duty of any officer, agent, or other person so authorized or designated . . . whenever he shall discover any vessel, vehicle, or aircraft" in 49 App.:783 (last sentence) to eliminate unnecessary words and for consistency in the revised title. The words "the Governor of Guam or of the Northern Mariana Islands as provided in
Editorial Notes
References in Text
The criminal laws of the United States, referred to in text, are classified generally to Title 18, Crimes and Criminal Procedure.
Amendments
2002—
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
§80304. Administrative
(a)
(1) may designate officers, employees, agents, or other persons to carry out this chapter; and
(2) shall prescribe regulations to carry out this chapter.
(b)
(1) or officers of the government of Guam designated by the Governor shall carry out this chapter in Guam;
(2) may carry out laws referred to in
(3) may prescribe regulations to carry out this chapter in Guam.
(c)
(1) or officers of the government of the Northern Mariana Islands designated by the Governor shall carry out this chapter in the Northern Mariana Islands;
(2) may carry out laws referred to in
(3) may prescribe regulations to carry out this chapter in the Northern Mariana Islands.
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80304(a) | 49 App.:783 (1st sentence). | Aug. 9, 1939, ch. 618, §§3 (1st sentence), 4 (proviso), 8, |
| 49 App.:788. | ||
| 80304(b) | 49 App.:789. | Aug. 3, 1939, ch. 618, |
| 80304(c) | (no source). | |
| 80304(d) | 49 App.:784 (proviso). |
In subsection (a)(1), the words "may designate" are substituted for "is empowered to authorize, or designate" in 49 App.:783 (1st sentence) to eliminate unnecessary words. The word "employees" is added for clarity and consistency in the revised title and with other titles of the United States Code.
In subsections (a)(2) and (b)(3), the word "regulations" is substituted for "such rules and regulations as may be necessary" in 49 App.:788 and 789 for consistency in the revised title and with other titles of the Code and because "rules" and "regulations" are synonymous.
In subsection (b)(1), the words "shall carry out this chapter in Guam" are substituted for "In Guam the enforcement and administration of this chapter shall be performed" for consistency in the revised title.
Subsection (c) is added because, under section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (
In subsection (d), the word "Secretary" is substituted for "by such officers, agents, or other persons as may be authorized or designated for that purpose by the Secretary of the Treasury" because of subsection (a)(1) of this section. The words "or the Governor of Guam or of the Northern Mariana Islands as provided in subsections (b) and (c) of this section" are added because under 49 App.:789 the Governor of Guam enforces 49 App.:ch. 11 in Guam and because of section 502(a)(2) of the Covenant referred to in the revision note for subsection (c) of this section. The words "the customs laws" are substituted for "That such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels and vehicles under the customs laws" because of the restatement and to eliminate unnecessary words.
Editorial Notes
Amendments
2002—Subsec. (a).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
1 So in original. Probably should be followed by a comma.
§80305. Availability of certain appropriations
Appropriations for enforcing customs, narcotics, counterfeiting, or internal revenue laws are available to carry out this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80305 | 49 App.:785. | Aug. 9, 1939, ch. 618, §5, |
The words "which has been or shall hereafter be made" and "for the defraying of expenses of" are omitted as surplus. The National Firearms Act referred to in the source provision has been repealed and replaced by
§80306. Relationship to other laws
(a)
(1) imposing, or authorizing the compromise of, fines, penalties, or forfeitures; or
(2) providing for seizure, condemnation, or disposition of forfeited property, or the proceeds from the property.
(b)
(1) provisions of law related to the seizure, forfeiture, and condemnation of vehicles and vessels violating the customs laws.
(2) provisions of law related to the disposition of those vehicles or vessels or the proceeds from the sale of those vehicles or vessels.
(3) provisions of law related to the compromise of those forfeitures or claims related to those forfeitures.
(4) provisions of law related to the award of compensation to an informer about those forfeitures.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80306(a) | 49 App.:786. | Aug. 9, 1939, ch. 618, §§4 (less proviso), 6, |
| 80306(b) | 49 App.:784 (less proviso). |
In subsections (a)(1) and (b)(3), the word "compromise" is substituted for "remission or mitigation" for consistency in the revised title.
In subsection (a), before clause (1), the words "in addition to another law" are substituted for "shall be construed to be supplemental to, and not to impair in any way, existing provisions of law" to eliminate unnecessary words.
In subsection (b), before clause (1), the words "under this chapter" are substituted for "incurred, or alleged to have been incurred, under the provisions of this chapter" to eliminate unnecessary words. In clause (1), the word "forfeiture" is substituted for "summary and judicial forfeiture" to eliminate unnecessary words.
CHAPTER 805 —MISCELLANEOUS
§80501. Damage to transported property
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80501(a) | 15:1281. | Sept. 13, 1961, |
| 80501(b) | 15:1282. |
In subsection (a), the words "A person . . . shall be fined under title 18" are substituted for "It shall be unlawful for any person" and "Whoever violates any provision of subsection (a) of this section shall be fined not more than $5,000" to eliminate unnecessary words and for consistency with title 18. The word "damaging" is substituted for "destroy or injure" because it is inclusive. The words "air carrier, motor carrier, or rail carrier" are substituted for "common or contract carrier by railroad, motor vehicle, or aircraft", and the words "being transported" are substituted for "moving", for consistency in the revised title. The words "In a criminal proceeding under this section" are substituted for "To establish the interstate or foreign commerce character of any property involved in any prosecution under this section" to eliminate unnecessary words. The words "shipping document" are substituted for "waybill or similar shipping document" because they are inclusive.
In subsection (b), the words "A person may not be prosecuted for an act under this section when the person has been convicted or acquitted on the merits for the same act" are substituted for "A judgment of conviction or acquittal on the merits . . . shall be a bar to any prosecution under this chapter for the same act or acts" for clarity. The word "territory" is added for consistency in the revised title and with other titles of the United States Code. The words "or the Commonwealth of Puerto Rico" are omitted as unnecessary because of 48:734.
§80502. Transportation of animals
(a)
(2) Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 28-hour period of confinement ends at night. Animals may be confined for—
(A) more than 28 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful; and
(B) 36 consecutive hours when the owner or person having custody of animals being transported requests, in writing and separate from a bill of lading or other rail form, that the 28-hour period be extended to 36 hours.
(3) Time spent in loading and unloading animals is not included as part of a period of confinement under this subsection.
(b)
(1) shall feed and water the animals at the reasonable expense of the owner or person having custody, except that the owner or shipper may provide food;
(2) has a lien on the animals for providing food, care, and custody that may be collected at the destination in the same way that a transportation charge is collected; and
(3) is not liable for detaining the animals for a reasonable period to comply with subsection (a) of this section.
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80502(a) | 45:71 (less 1st sentence 132d–153d words). | June 29, 1906, ch. 3594, §§1–4, |
| 80502(b) | 45:71 (1st sentence 132d–153d words). | |
| 45:72. | ||
| 80502(c) | 45:73 (proviso). | |
| 80502(d) | 45:73 (less proviso). | |
| 45:74. |
In this section, the words "rail carrier, express carrier" are substituted for "railroad, express company, car company" for consistency in the revised title. The word "air" is included in the exception because when the source provision was enacted air carriers did not exist. The words "a vehicle or vessel" are substituted for "cars, boats, or vessels of any description", and the word "vessel" is substituted for "steam, sailing, or other vessels", for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1), the words "transporting animals" are substituted for "whose road forms any part of a line of road over which cattle, sheep, swine, or other animals shall be conveyed" and "carrying or transporting cattle, sheep, swine, or other animals" to eliminate unnecessary words. The word "possession" is added for consistency in the revised title and with other titles of the Code. The words "for feeding, water, and rest" are added because of the restatement.
In subsection (a)(2), before clause (A), the words "Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 28-hour period of confinement ends at night" are substituted for 45:71 (last proviso) for clarity. The words "Animals may be confined for" are added because of the restatement. In clause (A), the words "more than 28 hours when the animals cannot be unloaded because of" are substituted for "unless prevented by" because of the restatement. The word "storm" is omitted as being included in "accidental or unavoidable causes". The words "when being careful" are substituted for "by the exercise of due diligence and foresight" to eliminate unnecessary words. In clause (B), the words "36 consecutive hours when" are substituted for "Provided, That . . . the time of confinement may be extended to thirty-six hours" because of the restatement. The word "printed" is omitted as surplus.
In subsection (a)(3), the words "but the time during which the animals have been confined without such rest or food or water on connecting roads shall be included, it being the intent of this chapter to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon the contingencies hereinbefore stated" are omitted as unnecessary because of the restatement.
In subsection (b), before clause (1), the word "properly" is omitted as surplus. The words "Animals being transported shall be unloaded" are added because of the restatement. In clause (1), the words "except that the owner or shipper may provide food" are substituted for "but nothing in this section shall be construed to prevent the owner or shipper of animals from furnishing food therefor, if he so desires" for clarity.
In subsection (c), the word "proper" is omitted as surplus.
In subsection (d), the words "liable to the United States Government for a civil penalty" are substituted for "liable for and forfeit and pay a penalty" in 45:73 for consistency in the revised title and with other titles of the Code. The words "On learning of a violation, the Attorney General shall bring a civil action to collect the penalty" are substituted for "The penalty created by
§80503. Payments for inspection and quarantine services
(a)
(A) "private aircraft" means a civilian aircraft not being used to transport passengers or property for compensation.
(B) "private vessel" means a civilian vessel not being used—
(i) to transport passengers or property for compensation; or
(ii) in fishing or fish processing operations.
(2) Notwithstanding section 451 of the Tariff Act of 1930 (
(3) The head of a department, agency, or instrumentality of the United States Government providing services under paragraph (2) of this subsection shall collect the amount paid for the services and deposit the amount in the Treasury. The amount shall be credited to the appropriation of the department, agency, or instrumentality against which the expense of those services was charged.
(b)
(2) This subsection does not require reimbursement for costs incurred by the Secretary of the Treasury in providing customs services described in section 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80503(a)(1) | 49 App.:1741(d). | May 21, 1970, |
| 80503(a)(2) | 49 App.:1741(a), (b). | |
| 80503(a)(3) | 49 App.:1741(c). | |
| 80503(b) | 49 App.:1741(e). | May 21, 1970, |
In subsection (a)(1), the word "passengers" is substituted for "persons" for consistency in the revised title and with other titles of the United States Code. The word "hire" is omitted as being included in "compensation". In clause (B)(ii), the words "fishing or fish processing operations" are substituted for "fishing operations or in processing of fish or fish products" to eliminate unnecessary words.
In subsection (a)(2), the words "or any other provisions of law" are omitted as unnecessary. The words "on or after July 1, 1970" are omitted as executed. The words "upon the request of such owner, operator, or agent" are omitted as unnecessary. The words "from 5 p.m. through 8 a.m." are substituted for "at any time after 5 o'clock postmeridian or before 8 o'clock antemeridian" to eliminate unnecessary words. The words "Notwithstanding any other provision of law" are omitted as unnecessary because of the restatement. The words "the owner, operator, or agent does not have to pay" are substituted for "no payment shall be required" for clarity. The words "from 5 p.m. through 8 a.m." after "the services" are added for clarity. The words "an officer or employee on regular duty" are substituted for "an officer or employee stationed on his regular tour of duty" to eliminate unnecessary words.
In subsection (b)(1), the words "related to the aircraft" are substituted for "as a consequence of the operation of aircraft", and the words "a place of inspection" are substituted for "at airports of entry or other places of inspection", to eliminate unnecessary words. The words "The head of the department, agency, or instrumentality may not assess" are substituted for "shall not be assessed against" because of the restatement. The word "expenses" is substituted for "costs" for consistency in this section.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
§80504. Medals of honor
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80504(a) | 49 App.:1201. | Feb. 23, 1905, ch. 744, §1, |
| 80504(b) | 49 App.:1202. | Feb. 23, 1905, ch. 744, §2, |
| 80504(c) | 49 App.:1203. | Feb. 23, 1905, ch. 744, §3, |
| 49 App.:1655(e)(3). | Oct. 15, 1966, |
In subsection (a), the words "may prepare and give" are substituted for "is authorized to cause to be prepared . . . which shall be bestowed" for clarity. The word "suitable" is omitted as surplus. The word "individual" is substituted for "persons" because it is more precise. The words "trying to prevent, or save the life of another in" are substituted for "in saving, or endeavoring to save, lives . . . or in preventing or endeavoring to prevent" to eliminate unnecessary words. The words "grave accident" are substituted for "wreck, disaster, or grave accident" because they are inclusive. The words "rail carrier providing transportation in interstate commerce" are substituted for "railroad . . . engaged in interstate commerce" for consistency in the revised title. The words "The President may give a medal only when" are substituted for "Provided, That no award of said medal shall be made to any person until" for clarity. The word "filed" is substituted for "furnished and placed on file" to eliminate unnecessary words.
In subsection (b), the words "and the individual receiving the medal is not negligent" are substituted for "without fault or neglect on the part of the person to whom it was issued" to eliminate unnecessary words. The words "the President shall issue" are substituted for "shall be issued" for clarity.
In subsection (c), the words "to the Secretary of Transportation" are substituted for "for the Department of Transportation" because of 49:102(b).